It must be said that I am certainly not an expert on constitutional law or even on property law, nor am I in any way holding out as such. However, I have had a lifetime of knowledge and experience in the Real Estate industry and contract law.
I have also extensively quizzed various solicitors, interested academics, land brokers, real estate agents and others on their views regarding these matters. From these discussions it became sadly apparent that opinions were at best grossly divided.
The fact is, it has been my personal experience, a large number of Australians are under the false impression that once they have "paid off " their real estate, that they "own" such property "freehold".
Of course this notion is a complete fallacy.
In fact, they enjoy "an estate in fee simple over the land". An estate in fee simple may well be the closest thing in Australia to true ownership of land - granted - but by definition to be close is not the actual. The holder of an estate in fee simple holds the land as tenant of the Crown. Land tax is in reality the "land rent" paid as a tenant.
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The Ten Original Amendments: The Bill of Rights
Passed by the US Congress September 25, 1789.
Ratified December 15, 1791.
AMENDMENT I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
AMENDMENT II
A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
AMENDMENT III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
AMENDMENT IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
AMENDMENT VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
AMENDMENT IX
The enumeration in the Constitution, of certain rights, shall not be con- strued to deny or disparage others retained by the people.
AMENDMENT X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Which of the above described rights (if any) do you think should be incorporated into Australia's Constitution prior to Australia becoming a Republic?
Question:
"Nearly everything that makes an American proud to be one comes from the Bill of Rights. Freedoms to speak, print, read, assemble, pray, petition the government, keep and bear arms. Protection from unreasonable arrests and searches, excessive bail, double jeopardy, coerced confessions, cruel and unusual punishment. Rights to due process, jury trials, counsel, and to present defense witnesses. These are the freedoms and rights that define America."
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